Same-sex divorce—not in Mississippi either
Same-sex divorce—not in Mississippi either
A recent newspaper article reported a Rhode Island same-sex couple attempting to seek a divorce even though Rhode Island does not recognize same-sex marriages. The couple was married in a ceremony in Massachusetts and returned to their home in Rhode Island where the marital bliss turned sour within two years. The Rhode Island Supreme Court is set to rule on whether the trial court can grant a divorce without recognizing the validity of the marriage.
In Mississippi, as in many other states, this issue has been answered. Mississippi Code § 93-1-1 (2) states that “any marriage between persons of the same gender is prohibited and null and void from the beginning. Any marriage between persons of the same gender that is valid in another jurisdiction does not constitute a legal or valid marriage in Mississippi.” Further, Mississippi Code § 93-1-3 states that “any attempt to evade section 93-1-1 by marrying out of this state and returning to it shall be within the prohibitions of said section.” Therefore, Mississippi is quite clear that if a same-sex couple attempts to marry in another state and return to Mississippi, this state will not recognize the marriage and it will be null and void. As such, no valid marriage—no divorce.
